Accidents involving falling objects are more common than most people think and can lead to serious injuries, whether you’re working on a busy construction site, shopping at your local mall, or simply walking down the street. Being hit by a falling object can cause anything from minor bruises to severe head injuries or even long-term health problems like brain injury. These accidents can happen anywhere, but they are particularly frequent in workplaces like construction sites or retail environments, where items are often stored or moved at height.
If you’ve suffered a falling object injury in Queensland, you may be eligible to claim compensation for the injuries you’ve experienced. Whether it’s through a workers’ compensation claim for injuries sustained at work, or a public liability claim if the accident occurred in a public space, understanding your rights and knowing how to navigate the claims process is crucial.
This article will help you understand your options for making a falling object injury claim and outline the steps to take to seek compensation for medical expenses, lost income, and more.
Common Places Where Falling Object Accidents Occur
Falling object accidents can happen in a variety of places, but certain environments are more prone to these risks. Understanding where these accidents occur can help you assess potential dangers and stay cautious. Here are some of the most common places:
Workplaces
- Construction sites: These are high-risk areas for falling objects. Workers may be struck by tools, building materials, or debris falling from scaffolding, cranes, or higher levels of the site. In such cases, the employer’s duty of care is critical in preventing injuries. Workers in these environments are particularly vulnerable to serious injuries like head injuries or facial injuries and can claim workers’ compensation if the accident occurred while on the job.
- Retail and warehouses: In retail environments, goods stacked on high shelves can easily fall and cause injuries to both workers and customers. Similarly, in warehouses, items being moved by forklifts or stacked improperly may fall and cause significant harm. If you’re injured in one of these environments, you may be able to make a falling object injury claim or a public liability claim depending on the circumstances.
- Manufacturing: Factories and manufacturing plants often involve lifting machinery and moving objects that, if not properly secured, can cause a falling object accident. Workers in these industries can face severe injuries due to the heavy and often dangerous materials being handled.
Public Spaces
- Shopping centres: In busy shopping centres, accidents involving objects falling from displays, shelves, or poorly secured fixtures are not uncommon. If you’re injured in this environment, you may be entitled to falling object compensation under public liability laws.
- Parking structures: Parking garages may have debris or parts of the structure that come loose and fall, leading to injuries. In such cases, the property owner may be held liable, and you could seek compensation through a falling object compensation claim.
- Public streets: While walking down the street, you could be struck by debris from a building site, scaffolding, or public transport equipment. If the injury was caused by someone else’s negligence, such as unsafe conditions maintained by a business or construction company, you may have a valid claim for falling object injury compensation.
Wherever the accident happens, it’s essential to understand that if you were injured due to someone’s failure to maintain safe conditions, you could have grounds to make a compensation claim.
Injuries Commonly Caused by Falling Objects
When you’re struck by a falling object, the severity of the injury can vary greatly depending on the size, weight, and height from which the object falls. Below are some of the most common injuries caused by falling objects:
Head Injuries
Head injuries are among the most serious outcomes of a falling object accident. Even a relatively small object, when dropped from a height, can cause significant damage to the skull, brain, and surrounding tissues. This can result in anything from mild concussions to more severe brain injury or even brain damage, leading to long-term disability. Victims of head injuries may need extensive medical treatment, rehabilitation, and time away from work, all of which can be covered by a falling object injury claim.
Back and Neck Injuries
If you are hit by a falling object, especially in the upper body or head area, the force can lead to back or neck injuries. These injuries can range from minor sprains and strains to severe spinal damage, which may require surgery or long-term therapy. In such cases, seeking compensation for medical costs and lost earnings is crucial.
Fractures and Broken Bones
Another common outcome of falling object accidents is fractures or broken bones. This can occur if the object strikes you directly, or if you fall while trying to avoid it. Fractures often require extended recovery periods and can lead to further complications, making it important to claim compensation for treatment and loss of income during your recovery.
Facial Injuries and Lacerations
Injuries to the face, including facial injuries, cuts, and lacerations, are also possible in a falling object accident. These types of injuries can lead to disfigurement, scarring, and emotional trauma, all of which may be considered when awarded compensation in a falling object injury claim.
Soft Tissue Injuries
While less serious than broken bones or head trauma, soft tissue injuries such as bruising, sprains, and strains are also common. These injuries may still require treatment and time off work, meaning you can seek compensation for medical bills and lost wages through a falling object injury claim.
Regardless of the type of injuries caused, if you’ve been injured due to someone else’s negligence, you may be entitled to compensation.
Compensation for Injuries at Work
If you’ve been injured by a falling object at work, you may be entitled to compensation through Queensland’s workers’ compensation scheme.
In Queensland, employees who are injured at work are typically covered by workers’ compensation. This includes injuries sustained from falling objects. To make a falling object compensation claim at work, you’ll need to show that the injury occurred while performing your duties. Importantly, you don’t have to prove that your employer was negligent to make a valid claim under workers’ compensation.
Employer’s Duty of Care
Employers are required by law to carry out risk assessments and ensure their workplaces are safe from hazards such as unsecured or improperly stored items. They must also provide personal protective equipment (PPE) where necessary. Failing to take these precautions could mean your employer is in breach of their duty, which can strengthen your claim for compensation.
What Compensation Can You Claim?
Under Queensland’s workers’ compensation laws, you may be eligible for various forms of compensation, including:
- Medical costs: Covering hospital visits, treatments, surgeries, and ongoing care.
- Lost wages: If your injury prevents you from working, you can claim for lost income during your recovery.
- Rehabilitation costs: If you require physical therapy or other rehabilitation services, these may also be covered.
- Permanent impairment compensation: If the injury leaves you with a long-term or permanent disability, you may be eligible for further compensation based on your level of impairment.
Time Limits
It’s important to be aware of the time limits for making a falling object claim. In Queensland, you must lodge a workers’ compensation claim as soon as possible after the accident occurred. Missing these deadlines can make it difficult to pursue a successful claim, so acting quickly is essential.
If your claim is approved, you will receive a final settlement that covers all necessary medical costs, rehabilitation, and other expenses related to your injury. Working with personal injury solicitors can help you navigate the claims process and ensure you receive fair compensation for your injuries.
Compensation for Injuries in Public Spaces
If you’ve been hit by a falling object in a public space, such as a shopping centre, parking structure, or even on a public street, you may be entitled to claim falling object injury compensation through a public liability claim. These claims help cover the cost of injuries caused by someone else’s negligence, whether it’s a business, property owner, or government entity that failed to maintain a safe environment.
Public Liability Claims
Unlike workers’ compensation claims, public liability claims are filed when you are injured in a public space due to someone else’s negligence. For example, if you are injured by objects falling from a poorly secured display in a store, or if debris falls from a building, you can hold the responsible party liable through a falling object compensation claim.
To make a falling object injury claim in these cases, you need to prove that the property owner, business, or responsible party failed in their duty of care by not preventing the accident, and that this negligence directly led to your injury. Businesses and property owners are required by law to maintain safe premises, and when they fail to do so, they can be held accountable.
What Compensation Can You Claim?
If your falling object injury occurred in a public space, you may be entitled to claim compensation for:
- Medical costs: Including emergency treatment, ongoing care, and rehabilitation.
- Lost income: If your injury prevents you from working, you may be able to claim for lost earnings.
- Pain and suffering: Compensation for the physical and emotional toll the injury has taken on your life.
- Future expenses: Costs related to long-term treatment or rehabilitation may also be included in your falling object compensation claim.
Proving Negligence
Proving negligence in a falling object accident involves showing that the responsible party failed to maintain safe conditions. This could be a store failing to secure stock, a construction company not properly securing materials, or a building owner not maintaining their property. You will need to gather evidence, such as witness statements, photos of the scene, and medical records, to support your claim.
Time Limits for Public Liability Claims
Just like with workplace accidents, there are strict time limits for lodging a falling object injury claim for public liability. In Queensland, you generally have three years from the date of the injury to make a personal injury claim. Acting quickly ensures that you can gather all the necessary evidence and submit your claim within the required timeframe.
If you’re unsure whether you have a valid claim, it’s advisable to seek help from personal injury solicitors who specialise in falling object claims. They can guide you through the claims process and help you secure the compensation you deserve.
Steps to Take After an Injury Caused by a Falling Object
If you’ve been injured by a falling object, taking the right steps immediately after the accident can help protect your health and strengthen your falling object injury claim. Whether the accident occurred at work or in a public space, following these steps can ensure you have the necessary evidence and documentation for your compensation claim.
1. Seek Medical Attention
Your first priority should always be your health. Seek medical treatment right away, even if the injury seems minor at first. Some injuries caused by falling objects, such as head injuries, may not show symptoms immediately but could have serious long-term effects. Medical professionals will assess your condition, treat your injuries, and provide you with medical records that can be used to support your claim.
2. Report the Incident
For falling object accidents at work, you must report the accident to your employer as soon as possible. They will create a formal report of the incident, which is essential for your workers’ compensation claim. If the falling object accident occurred in a public space, report the incident to the property owner, manager, or relevant authority. Ensure that the incident is recorded and obtain a copy of the report if possible.
3. Document the Scene
If you’re able to, take photographs of the location where the accident occurred, and any falling objects involved. This can provide crucial evidence for proving negligence in your falling object injury compensation claim. If there are any witnesses to the accident, ask for their contact details so they can provide statements if needed.
4. Keep a Record of Your Injuries and Costs
It’s important to keep a detailed record of all expenses related to your injury, including medical costs, rehabilitation, and lost income. Keep copies of all medical bills, receipts, and any other costs you’ve incurred as a result of the injury. These records will help ensure you are compensated for all of the suffering caused by the falling object accident.
5. Contact a Personal Injury Lawyer
Navigating the claims process can be complicated, especially when it comes to proving duty of care and negligence. It’s a good idea to reach out to personal injury solicitors who specialise in falling object claims. They can help assess whether you have a valid claim, gather evidence, and negotiate with the insurance company or responsible party on your behalf.
How South East Injury Lawyers Can Help You
If you’ve been injured by a falling object, South East Injury Lawyers can assist you in navigating your falling object injury claim. Whether the injury occurred at work or in a public space, we are here to help you gather evidence, manage the claims process, and pursue the compensation you deserve.
We offer a no win, no fee service, so you won’t have to worry about legal fees unless we win your case. Our team will work to ensure you’re compensated for medical costs, lost wages, and other damages from the accident. Strict time limits apply, so don’t delay. Contact South East Injury Lawyers for a free consultation and let us help you claim the compensation you’re entitled to.